By: Rick Benedict//December 6, 2010//
Employment
Race discrimination
Where an employee was not qualified for the positions he sought, summary judgment was properly granted to the employer on his race discrimination claim.
“We agree with the district court that Grigsby was not qualified for the vacant positions and, as such, his prima facie case fails. Pafford, 148 F.3d at 670. We can dispense first with Grigsby’s claim that he was qualified for the Support Specialist post. The vacancy announcement for this position required the employee to maintain operational currency at the Indianapolis Center, which meant that the employee would need to independently serve as an Air Traffic Controller for at least eight hours per month. In turn, to work as a controller without supervision, the employee would need to be a Certified Professional Controller at the Indianapolis Center, a certification that Grigsby lacked.”
Affirmed.
10-1072 Grigsby v. LaHood
Appeal from the United States District Court for the Southern District of Indiana, Young, J., Kanne, J.